Florida Law Treats Out-Of-Towners And Locals Alike
Miami thrives on tourism, and its busy streets and highways mean accidents can (and do) happen to both locals and visitors. If you’re involved in a car crash, as someone who lives here year-round or is just visiting, Florida’s personal injury laws will apply.
Whether you’re a Miami local heading to work or a tourist on your way to the beach, the laws protecting your rights after a collision are the same. What differs is how well you navigate them. No matter where you call home, partnering with an experienced Miami personal injury lawyer can make all the difference in recovering the compensation you deserve.
Where the Accident Happened Matters
When a traffic collision occurs in Florida, the state’s laws govern the case regardless of the drivers’ home states. This means if you are injured in Miami while visiting from New York, Texas, or abroad, you are subject to Florida’s rules for fault, insurance coverage, and recovery options. Conversely, if a Florida driver is injured by an out-of-state visitor, the same Florida statutes still apply.
One of the biggest legal differences that catches out-of-towners off guard is Florida’s no-fault system. All drivers in the state are required to carry Personal Injury Protection (PIP) coverage, which pays for certain medical bills and lost wages up to the policy limit, regardless of who caused the crash. If you are visiting and driving a rental car, your own insurance policy from your home state may still apply, but Florida’s no-fault rules will determine how initial claims are handled.
If injuries are serious enough to meet the state’s injury threshold, victims may step outside the no-fault system and pursue a liability claim against the at-fault driver. This threshold applies equally to residents and visitors.
Accidents involving a mix of local and out-of-state drivers can quickly become complicated. Different insurers may try to apply their own state’s rules or minimize payouts by shifting blame. In some cases, an out-of-state driver’s coverage may be insufficient under Florida’s minimum requirements, creating additional legal challenges. An attorney familiar with both Florida law and interstate insurance disputes can navigate these complexities to protect your rights.
Court Jurisdiction for Out-of-State Defendants
If legal action is necessary, cases involving out-of-state drivers may proceed in Florida courts. The fact that one party lives elsewhere does not prevent Florida from asserting jurisdiction, provided the accident happened here. Procedural steps, such as serving legal documents across state lines, require precise handling to avoid delays or dismissal.
While Florida’s laws treat everyone equally after an accident, the process of securing fair compensation is often smoother with a Miami personal injury lawyer on your side. Local legal professionals know the court system, area insurers, and the nuances of state statutes. They can also coordinate with your home-state providers to ensure medical bills and insurance claims are handled correctly.
Has an accident with an out-of-town driver complicated your recovery? Whether you live in Florida or another state, connect with the experienced attorneys at Spencer Morgan Law. Call 305-423-3800 to book a confidential consultation.